Thursday, September 21, 2017

Alphabet's Waymo Will Let Uber Off the Hook For $2.6 Billion or Cash on Hand

Uber is so used to beating up on city councils and regulators represented by civil service attorneys that they seem a bit wrong-footed when confronted with large dollar lawyering.
Waymo's trial attorney, Quinn Emanuel’s Charles Verhoeven is one of the best intellectual property litigators in the country and watching his interplay with the other side and a very tech-savvy judge is pretty amazing.

His bio page at the firm's website notes in passing "Mr. Verhoeven's record as lead counsel before the Federal Circuit is 23-2."

Alrighty then, on to the story. From Reuters, Sept. 20:

Waymo seeking $2.6 bln from Uber for one trade secret - lawyer
Alphabet Inc’s Waymo unit is seeking about $2.6 billion from Uber for the alleged theft of one of several trade secrets in a lawsuit over self-driving cars, a lawyer for Uber said on Wednesday.

Uber Technologies Inc attorney Bill Carmody disclosed the figure in a hearing in federal court in San Francisco, where both companies are discussing whether a trial in the case will begin next month.
Waymo has asserted claims that Uber stole several of its trade secrets. The total amount of Waymo’s damages request was not publicly disclosed at the hearing on Wednesday. 

Waymo claimed in a lawsuit earlier this year that former engineer Anthony Levandowski downloaded more than 14,000 confidential files before leaving to set up a self-driving truck company, which Uber acquired soon after. 

Uber has denied using any of Waymo’s trade secrets. 

Waymo’s allegations have already led Uber to fire Levandowski, who had directed Uber’s efforts in the nascent yet pivotal field of self-driving cars. A loss by Uber at trial would add to the company’s lengthy list of legal headaches...MORE
Did I forget to mention the $2.6 billion was for just one of the claims?
My bad. There are nine claims that the judge may allow to go forward.
As of the last report released by Uber, they were down to $6.6 billion cash-on-hand which may not be enough.
While Mr. Son at SoftBank circles patiently.

Previously:
Feb. 22 
Dude's got a problem....  
March 29 
March 31
"In Waymo v. Uber, honing the craft of litigation gamesmanship" (GOOG)
I was going to put something together on Anthony Levandowski's use of the 5th amendment in a civil matter and some of the implications of doing so but didn't get to it. In the meantime here is a look at some high-buck lawyering and tactics of litigators.
April 1
April 4 
The headline/sub-head combo pretty much defines sleazy corruption.... 
April 26 
May 12 
In the Waymo case Uber's bid to make their arguments in private was turned down by the judge overseeing the action but even worse for Levandowski, hizzoner is using his Federal Judgeship powers.*
May 19 
The testimony thus far sure makes a prima facie case that Uber and Levandowski were in cahoots, that there was an actual conspiracy. If that proves to be the case this move is simply thieves falling out....
June 7 
The latter may prove to be the more important ruling so first up Judge Alsup at TechCrunch:
June 15
If I were a late round Uber investor this would be a bit concerning.
We've posted on Kalanick and his "existential" quote, which is one thing, but this is a statement to a Federal Court....
June 25 
June 28 
Aug 15 
Aug. 17 

And a whole bunch of earlier posts on the lead-up to all this in roughly chronological (not reverse chron) order:

Google is spinning off its self-driving car program into a new company called Waymo (GOOG)
"New Patents Hint That Amazon and Google Each Have Plans to Compete with Uber" (AMZN; GOOG) 
Uber Is A Cesspit: Google's Waymo Sues Kalanick's Creation--UPDATED
Waymo Comments On Why They'r Suing Uber
"The Uber Bombshell About to Drop"
"Alphabet’s Waymo asks judge to block Uber from using self-driving car secrets" (GOOG)
Remember that time Uber's Kalanick said having autonomous was crucial to the company's very survival? (a deep dive)
 
And related:

Night of the Long Knives: "Google Vs. Uber in the Rush To Drive You Around, Driverless" (GOOG)
Uber Bids for Nokia Maps Service to Lessen Google Reliance
"Why Uber Has To Start Using Self-Driving Cars"
Uber Throws Tesla Under the Autonomous Bus
Uber to Buy Self-Driving-Truck Company Otto
"Google’s Car People Diaspora" (GOOG)